Question 1

What is the public policy exception to at-will employment in Florida?

Accepted Answer

FL public policy exception: FL recognizes a narrow public policy exception to: the at-will employment doctrine. The exception: protects employees who are terminated for: refusing to commit an illegal act (the employer ordered the employee to: violate a law, regulation, or ethical standard), exercising a statutory right (the employee: filed a workers’ compensation claim (Section 440.205), reported a safety violation, or exercised another statutory right), and reporting illegal conduct (the employee: reported the employer’s illegal conduct to a government agency: whistleblower protection). FL: the public policy exception is narrower than in many other states (FL courts have been reluctant to expand the exception beyond: specific statutory protections).

Question 2

How does the Florida public policy exception compare to other states?

Accepted Answer

Comparison: FL (narrow exception: limited to specific statutory protections; does not recognize a broad common law public policy exception), California (broad exception: recognizes a general public policy exception for: discharge in violation of any established public policy), and New York (no public policy exception: strictly at-will; employees must rely on: specific statutory protections only). FL: falls between these extremes (FL recognizes specific exceptions: workers’ comp retaliation, whistleblower protection, and jury service protection; but: does not recognize a general "public policy" cause of action). The employee: must identify a specific statute that protects the activity.

Question 3

What are the elements of a public policy wrongful termination claim in Florida?

Accepted Answer

FL elements: the employee must prove: protected activity (the employee engaged in an activity protected by a specific FL statute: filing a workers’ comp claim, blowing the whistle, serving on a jury, or refusing to commit an illegal act), causal connection (the employer terminated the employee because of the protected activity: temporal proximity, direct evidence, or pretext), and damages (the employee suffered: economic and non-economic damages as a result of the termination). The employer: can defend by showing: a legitimate, non-retaliatory reason for the termination. The employee: must then show that the employer’s reason is pretextual.

Wrongful Termination Public Policy: in Florida

FL Public Policy Wrongful Termination

What It Covers

FL vs. Other States

Elements

Related Terms

Barnes Walker Employment Law

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